(A) A person who owns property, which is not forested at the time of application, may create a forest bank from which applicants may purchase credits to meet the afforestation and reforestation requirements of this chapter.
(B) The forest bank shall:
(1) Afforest or reforest an area of land in accordance with a forest bank plan;
(2) Be protected by an easement which limits the use of the land in the bank to those activities which are consistent with forest conservation, requires the land in the bank to remain forested in perpetuity, and is enforceable by the county;
(3) Use native plant materials for afforestation or reforestation; and
(4) Cause trees to be planted which conform to § 150.08(B).
(C) A person proposing to create a forest bank shall submit to the county a:
(1) Completed application and vicinity map of the proposed bank site.
(2) Forest bank plan which contains a:
(a) Vicinity map of the proposed bank site;
(b) Simplified forest stand delineation which meets the criteria in § 150.04;
(c) Detailed afforestation or reforestation plan, which shall include a timetable and description of the site and soil preparation needed, species, size, and spacing to be utilized, prepared by a Maryland licensed forester, a licensed landscape architect, or a qualified professional; and
(d) Proposed maintenance agreement that;
1. Sets forth how the areas afforested or reforested will be maintained to ensure protection and satisfactory establishment;
2. Complies with § 150.11(A); and
3. Includes watering and reinforcement planting provisions if survival falls below required standards;
(3) Copy of the deed to the property;
(4) Survey of the bank site for inclusion in the deed of easement;
(5) Title report to assure that;
(a) The property is not encumbered by any covenants or other types of restrictions which would impair the property's use as a forest bank; and
(b) There is legally sufficient access to the forest bank site which can be used by the county to inspect the forest bank; and
(6) Description of the system to be used by the person owning and operating the forest bank to track credits purchased from the bank.
(D) The county shall review the application for a forest bank and shall determine whether the location, size, and other characteristics of the property are conducive to the successful establishment of a forest. The county may approve or deny the application based upon these considerations and the criteria listed in § 150.08(B).
(E) After an area is approved as a forest bank, the applicant may submit a forest bank plan to the county for review. The county shall review and approve or deny the plan based on the requirements of this chapter and the Technical Manual. Once the county has approved the plan, the applicant may proceed, consistent with the plan, to establish a forest either by planting the area or by allowing the area to regenerate naturally.
(F) Bank sites shall be certified by the county prior to sale of bank credits.
(1) When natural regeneration is proposed, a forest bank may not be certified for sale of credit until:
(a) An easement in accordance with § 150.13 has been recorded; and
(b) It has been demonstrated, to the satisfaction of the county, that the area allowed to naturally regenerate meets or exceeds the standards of the Technical Manual.
(2) When tree planting is proposed, a forest bank may not be certified for sale of credit until one of the following sequences has been completed:
(a) Bonding sequence
1. The site has been planted in accordance with the approved forest bank plan;
3. A suitable guaranty for the planting has been provided pursuant to § 150.11.
(b) Non-bonding sequence
1. The site has been planted in accordance with the approved forest bank plan;
2. An easement in accordance with § 150.13 has been recorded; and
3. An inspection period in accordance with § 150.11 has been completed, and it has been demonstrated, to the satisfaction of the county, that the planting meets or exceeds the standards of the Technical Manual.
(G) After a forest bank has been certified for sale of credit, the bank may be used to meet the afforestation and reforestation requirements of this chapter for development within Carroll County. When bank credit is purchased, the portion purchased shall be deducted from the total acreage of the bank.
(H) The maintenance of the forest bank is the responsibility of the forest bank owner. During the maintenance period, the county will inspect the site in accordance with § 150.11 and the Technical Manual.
(2004 Code, § 115-19) (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 2022-11, passed 8-25-2022)